On Aug. 15, 2023, the 10th U.S. Circuit Court of Appeals ruled in Pharmaceutical Care Management Association (PCMA) v. Glen Mulready that ERISA preempts certain provisions of an Oklahoma law aimed at regulating pharmacy benefit managers (PBMs). The ruling contrasts with the U.S. Supreme Court’s 2020 rulingin PCMA v. Rutledge, which held that ERISA did not preempt an Arkansas PBM regulation. The Oklahoma Insurance Commissioner has stated their intention to appeal, although the state has not yet filed a petition with the U.S. Supreme Court for review.
